A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On August 24, 2017, the Defendant was sentenced to a suspended sentence of four months of imprisonment for a crime of fraud in the original branch of the Chuncheon District Court on September 1, 2017, and the said judgment became final and conclusive on September 1, 2017. On March 6, 2019, the same court was sentenced to a suspended sentence of two years of imprisonment for the same crime, and the said judgment became final and conclusive on March 14, 2019.

【Criminal Facts】

around May 20, 2014, the Defendant purchased trees at KRW 60 million by investing KRW 30 million in each of the investment of KRW 30 million to F University. In order to purchase trees, the Defendant made a false statement that “C is engaged in the drilling work of gathering stones from tin acid of Gangwon-do D (hereinafter “instant land”). There is a right to pine trees on the ground of the instant land, and the Plaintiff entered into a contract with E to extract the said pine trees at KRW 5 million. In short, the Defendant purchased the said pine trees at KRW 60 million by selling the extracted pine trees to F University. In order to purchase the said trees, the Defendant made a false statement that “The purchase of the said pine trees at KRW 30 million is changed to KRW 30 million.”

However, in fact, the Defendant did not have the right to extract pine trees on the ground of the instant land and attempted to consume them as debt repayment and cost of living, so even if he received 30 million won from the victim, he did not intend to extract pine trees on the ground of the instant land and purchase them.

Nevertheless, the Defendant, as above, by deceiving the victim, received KRW 15 million from May 20, 201 to May 20, 2014 from the victim, and received KRW 15 million in total from the bank account (G) under the name of the Defendant around May 29, 2014, such as remitting KRW 15 million to the bank account (G) in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes concerning investigation reports and criminal records;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 of the Criminal Act: